R-83-496 - 1/27/1983WHEREAS, the City of Round Rock leases approximately six
(6) acres of land from the Lutheran Social Service of Texas,
Inc. for the recreation, youth and other community oriented
purposes, and
WHEREAS, The Round Rock YMCA wishes to sub -lease a
portion of the said property for use as its community
facility, and
WHEREAS, the City Council wishes to enter into a lease
agreement with the YMCA, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor of the City of Round Rock, Texas, is
hereby authorized and directed to execute on behalf of the
City, a lease agreement, a copy of such agreement being
attached hereto and incorporated herein for all purposes.
RESOLVED this 01/ day of , 19:3
„_rr
LAR''=!. TO , Mayer
City of Round Rock, Texas
ATTEST:
•M / / /[_'
Jar /NNE LAND,
RESOLUTION NO. 4/94/e
ty Secretary
STATE OF TEXAS
COUNTY OF WILLIAMSON
§ LEASE
This Agreement made this TM day of
19 P 3 between the City of Round Rock, Te as, a mu icipal
corporation, as Sub - Lessor, and the Round Rock YMCA, a non-
profit corporation, as Sub- Lessee, witnesseth:
I. Leased Premises
The Sub - Lessor does hereby sub -lease to the Sub - Lessee
the following described premises situated in the City of
Round Rock, Williamson County, Texas, to -wit: Approximately
one (1) acre of the tract of land south of Main Street in
Round Rock, leased by Sub - Lessor and outlined in red ink on
the attached exhibit.
II. Term of Lease
The term of this lease shall be for five (5) years to
commence on June 1, 1982, and continue for a period of five
(5) years unless sooner terminated by a breach of the terms
and conditions of this lease by Sub- Lessee, or by abandonment
of the premises by Sub- Lessee.
If Sub- Lessee shall default in the performance of any
terms and conditions of this lease and the default shall
continue for sixty (60) days after written notice thereof to
Sub - Lessee, then Sub- Lessor shall have the option to declare
the lease term ended, and to recover possession of the
premises.
III. Rent
Sub - Lessee shall pay rent for said premises during the
continuance of this lease at the rate of $1.00 per year
payable in advance on the commencement date of this lease and
each anniversary thereafter. In addition, Sub - Lessee agrees
to pay for electricity used.
IV. Use
Sub- Lessee shall use the premises for community and
youth oriented services.
V. Improvements
Sub - Lessee shall have the right to make alterations,
additions and improvements on said premises subject to
approval by Sub - Lessor. Notification to Sub - Lessor shall be
in writing and if not refused by Sub - Lessor within thirty
(30) days of receipt of such notification, any alterations,
additions and improvements shall be deemed approved. All such
alterations, additions and improvements shall be regarded as
removable fixtures and Sub - Lessee shall retain title but must
clear away the premises upon termination of this lease if
Sub- Lessor demands.
VI. Indemnification
Sub- Lessee shall indemnify Sub - Lessor against all
liability arising during the lease term from injury to person
or property, occasioned wholly or in part by any act or
omission of Sub- Lessee, or of its guests, employees,
assignees, or sub - lessees. Sub - Lessee agrees to obtain and
keep in effect a liability insurance policy in the amount of
at least $300,000.00.
VII. Miscellaneous
1. Notices: Any and all notices or other communication
required or permitted by this lease by the other party hereto
shall be in writing and shall be deemed duly served and given
when personally delivered to the party to whom it is
directed, or in lieu of such personal service, when deposited
in the United States mail, postage prepaid, addressed to
Sub- Lessor at 214 E. Main, Round Rock, Texas, or to Sub -
Lessee at P.O. Box , Round Rock, Texas 78664. Either
party hereto may change his address by giving written notice
of such change to the other party in the manner provided for
in this paragraph.
2. Waiver of Breach: The waiver by Sub - Lessor of any
breach of any provision of this lease shall not constitute a
continuing waiver or a waiver of any subsequent breach of the
same or a different provision of this lease.
3. Time of Essence: Time is expressly declared to be of
the essence of this lease.
4. Binding of Assigns: All provisions of this lease
shall extend to and bind, or inure to the benefit not only of
the parties hereto but to each and every one of the repre-
sentatives, successors, and assigns of Sub- Lessor or Sub -
Lessee.
5. Rights and Remedies Cumulative: The rights and
remedies provided by this lease agreement are cumulative and
the use of any one right or remedy by either party shall not
preclude or waive its right to use any or all other remedies.
Said rights and remedies are given in addition to any other
rights the parties may have by law, statute, ordinance, or
otherwise.
6. Texas Law To Apply: This agreement shall be construed
under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are
performable in Williamson County, Texas.
7. Legal Construction: In case any one or more of the
provisions contained in the agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this agreement shall
be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
8. Prior Agreements Superseded: This agreement consti-
tutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agree-
ments between the parties respecting the within subject
matter.
- 2 -
9. Amendment: No amendment
of the terms hereof shall be b
writing, dated subsequent to
executed by the parties hereto.
IN WITNESS WHEREOF, the
Sub - Lessee hereto execute this
year first written above.
ATTEST:
AO
J.` nne Land, City Secretary
modification, or alteration
inding unless the same be in
the date hereof and duly
undersigned Sub - Lessor and
agreement as of the day and
SUB- LESSEE
ROUND ROCK YMCA
By:
SUB - LESSOR
CITY OF
By:
Lar
- 3 -
ND ROC EXAS
nn, Mayor
KIWANIS PARK
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